UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 28, 2013
IN RE: PACIFICA PARK APARTMENTS, LLC. DEBTOR,
PACIFICA PARK APARTMENTS, LLC.
U.S. BANK NATIONAL ASSOCIATION
Bankruptcy Court Case Number
MARCUS A. TORIGIAN, #169421 LAW OFFICE OF MARCUS A. TORIGIAN 2033 S. Court Street Visalia, California 93277 Telephone: (559) 627-5399 Facsimile: (559) 627-5822 Attorney for Appellant: PACIFICA PARK APARTMENTS, LLC
Date: Time: Courtroom: 2 Place: U.S. Courthouse - 8th Floor 2500 Tulare Street Fresno, California 93721
STIPULATION AND ORDER FOR AN EXTENSION OF TIME TO FILE APPELLANT'S OPENING BRIEF
The undersigned counsel of record of the respective parties in the above-entitled action hereby agree and stipulate as follows:
1. The Appellee U.S. BANK NATIONAL ASSOCIATION, ET. AL. in the above entitled matter has agreed to grant Appellant PACIFICA PARK APARTMENTS, LLC a forty (40) day extension for the filing of its Appellant's Opening Brief, up to and including May 6, 2013.
2. The basis of the Stipulation is that Appellant's Attorney has an Appellant's Opening Brief due before the Fifth District Court of Appeal on April 8, 2013.
3. Appellant's Attorney has a criminal trial pending in Fresno County Superior Court scheduled to commence on April 8, 2013.
4. Appellant's Attorney has three (3) criminal trials pending in Tulare County Superior Court scheduled to commence on April 15, 2013, April 22, 2013 and April 29, 2013, respectively.
5. The parties also agree and stipulate that there will be no prejudice to any party as a result of this extension.
6. The parties agree and stipulate that Appellant's Opening Brief will now be due on or before May 6, 2013.
7. The parties agree and stipulate that Appellee's Opening Brief will now be due on or before twenty-eight (28) days after service of Appellant's Opening Brief.
Based upon the foregoing stipulation and good cause appearing,
IT IS HEREBY ORDERED that
1. Appellant's Opening Brief is now due on May 6, 2013.
2. Appellee's Opening Brief is due, filed in the district court, within twenty-eight (28) days after service of Appellant's Opening Brief
3. Appellant may file a reply brief with the district court, within fourteen (14) days after service of appellee's brief.
4. Once all briefs have been submitted, the appellant is to notify the court in writing, within fourteen (14) days after service of appellant's reply brief, that the appeal is ready for oral argument.
IT IS SO ORDERED.
SENIOR DISTRICT JUDGE
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